Sharon Flanagan, Author at Enhanced Scrutiny

About Sharon Flanagan

San Francisco, Palo Alto

Entries by Sharon Flanagan

31 03 '26

Earnouts, AI, and Equitable Remedies: Delaware Court Reinstates CEO and Extends Payout Clock

March 31, 2026/in M&A/by Sharon Flanagan

Earnout remedies are not limited to damages. In Fortis Advisors v. Krafton, the Delaware Court of Chancery awarded specific performance to reinstate a target company’s CEO and extend the earnout […]

05 02 '26

Delaware Supreme Court Makes Earnouts Less Risky for Buyers
Earnout Decision Partially Reversed Because Buyer Did Not Have to Pursue an Alternative Regulatory Pathway

February 5, 2026/in M&A/by Sharon Flanagan

Buyers faced increased financial risk when doing deals with earnouts after the 2024 Delaware Court of Chancery decision in Johnson & Johnson v. Fortis Advisors LLC. However, the Delaware Supreme […]

About Sharon Flanagan

Entries by Sharon Flanagan

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